HomeMy WebLinkAbout1973-11-07; City Council; Resolution 32591 .h
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RESOLUTION N0.3259
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND
DESIGNATING THE SAME AS THE "EAST CARLSBAD
ANNEXATION NO. 2.17".
WHEREAS, an application for approval of a proposal for the
initiation of proceedings for the annexation of territory
hereinafter identified and described as "East Carlsbad Annexation
No. 2.17 (Sommers) to the City of Carlsbad, County of San Diego,
State of California was filed with the Local Agency Formation
Commission Reference No. CA 73-28; and
WHEREAS, a resolution of the said Local Agency Formation
Commission, after a hearing held in the manner required by law,
was duly passed and adopted on the 17th day of September, 1973,
approving the application for annexation of the territory
hereinafter described by metes and bounds to the City of
Carlsbad; and
WHEREAS, said resolution provided that said annexation was
approved without notice and hearing and further provided that
the City Council of the City of Carlsbad was authorized to
annex said territory without notice and hearing by said Council
and without an election as provided in California Government
Code Section 54797.1; and
WHEREAS, a written petition containing the required
signatures and a description of the uninhabited territory
hereinafter described has been presented to the City Council
of the City of Carlsbad, requesting annexation under the
Annexation of Uninhabited Territory Act of 1939, Government
Code Sections 35300 through 35326; and
WHEREAS, said petition has been signed or consent thereto
has been filed by the owners of all of the land in the territory
proposed to be annexed;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That said petition contains a description of
certain uninhabited territory sought to be included and annexed
to the City of Carlsbad and that said petition is signed by the
owners of not less than one-fourth of the land in the territory
by area and by assessed value as shown on the last equalized
assessment roll of the County of San Diego, in which county the
City of Carlsbad is situated.
3. That the City Council hereby declares that said
petition has been signed or consent to the proposed annexation
filed by the owners of all of the land in the territory proposed
to be annexed and, therefore, no protests may be filed against
the annexation by persons owning property in the territory.
4. That the territory proposed to be annexed to the
City is uninhabited territory as defined by Section 35303 of
the Government Code and is contiguous to the boundaries of the
City.
5. That the aforementioned uninhabited territory included
in the proposed annexation is hereby designated and shall
hereafter be known as the "East Carlsbad Annexation No. 2.17".
6. That upon the completion of said annexation all of
the property included therein shall be taxed accordingly with
the other property within the City of Carlsbad to pay the
bonded indebtedness and any and all general indebtedness of the
City of Carlsbad contracted prior to, or existing or outstanding
at the time of, the aforesaid proposed annexation of said
described property.
7. That all requirements of law necessary to the
adoption of this resolution approving the annexation of certain
uninhabited territory pursuant to Section 35310.1 of the
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California Government Code have been complied with.
8. That it does hereby approve the annexation to the
City of Carlsbad of that certain real property located in the
County of San Diego, State of California, designated as the
"East Carlsbad Annexation No. 2.17" and more particularly
described as follows:
All that unincorporated territory in the County of San Diego, State of California, being a portion of Lot I, Rancho Agua Hedionda, in said County and State, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of said San Diego County, November 16, 1886, being more particularly described as follows:
1. Beginning at a point in the Easterly boundary line of the City of Carlsbad as established by the County Board of Supervisors on July 11, 1952, said point being in the Northerly line of said Lot I, and also in the Westerly line of El Camino Real, as shown on Map of Road Survey No. 682 and 925, filed in the Office of the County Surveyor of said San Diego County;
2. Thence from said point in an Easterly direction along said Northerly line of Lot I, being also the City Limit of Carlsbad as established by the County Board of Supervisors in their Ordinance No. 1085,
adopted on November 19, 1963, 1547 feet, more or less, to the Westerly line of that certain right-of way described in deed to the San Diego Gas & Electric Company, recorded June 1, 1953 as Document No. 74512
in Book 4874, page 148 of Official Records, and the center line of which is described in deed to the San Diego Gas & Electric Company, recorded June 16, 1966 as File No. 98887;
Thence along said Westerly line South 26°07'00" East (Record South 26 08'06" East) 2035.22 feet;
Thence South 23°47'08" West 836.56 feet to a point which bears North 29 26'59" East 63.00 feet from Engineers Station 495+40.00 on the centerline of El Camino Real, according to County Road Survey Map No. 1800-1, being also the centerline of Road Survey 682 and 925;
3.
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5. Thence South 29O26'59" West 63.00 feet to the said
6. Thence continuin South 29'26'59'' West 30.00 feet
centerline;
to the Westerly 4 ine of said El Camino Real as shown on Map of Road Survey No. 682, being also on the Easterly boundary of the City of Carlsbad as established by the County Board of Supervisors on July 11, 1952;
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7. Thence Northwesterly along said City Limit line and the Westerly line of El Camino Real according to Road Survey No. 682 and 925 to the Point of Beginning.
8. Containing herein 81.6 acres.
9. That the City Clerk is directed to prepare under seal
certified copy of this resolution giving the date of its passag
and transmit it to the Secretary of State.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council on the 7th day of N-ovember, 1973, by the following
a
vote, to wit:
AYES: Councilmen Dunne, McComas, Lewis, Frazee and Chase.
NOES: None.
ABSENT: None.
ATTEST:
(SEAL)
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